This order is subject to further editing and
modification.The final version will
appear in the bound volume of the official reports.

No.04-11

In the matter of Proposed Amendment to Wis. Stat.
§ (Rule) 809.19 (Briefs and appendix) Relating to the Certification of
Compliance with Wis. Stat. § (Rule) 809.19(2)

FILED

OCT 28, 2005

Cornelia G. Clark

Clerk of Supreme Court

Madison, WI

On November 22, 2004, the Chief Judge of the Wisconsin
Court of Appeals, the Honorable Thomas Cane, filed a petition seeking to amend
Wis. Stat. § (Rule) 809.19 to require a certification of compliance with
Wis. Stat. § (Rule) 809.19 (2).A
public hearing on the petition was conducted on October 25, 2005.At the ensuing open administrative
conference, the court voted to adopt the petition, effective January 1, 2006,
as follows:

Section 1.809.19 (2) of the statutes is renumbered 809.19 (2) (a) and amended
to read:

809.19 (2) Appendix.(a) Contents.The
appellant's brief shall include a short appendix providing relevant trial court
record entries, the findings or opinion of the trial court and limited portions
of the record essential to an understanding of the issues raised, including
oral or written rulings or decisions showing the trial court's reasoning
regarding those issues.The appendix
shall include a table of contents.If
the record is required by law to be confidential, the portions of the record
included in the appendix shall be reproduced using first names and last
initials instead of full names of persons, specifically including juveniles and
parents of juveniles, with a notation that the portions of the record have been
so reproduced to preserve confidentiality and with appropriate references to
the record.

Section 2.809.19
(2) (b) of the statutes is created to read:

809.19 (2) (b) Certification.An appellant's counsel shall append to the appendix a signed
certification that the appendix meets the content requirements of par. (a) in
the following form:

I hereby certify that filed with this brief, either as
a separate document or as a part of this brief, is an appendix that complies
with s. 809.19 (2) (a) and that contains: (1) a table of contents;
(2) relevant trial court record entries; (3) the findings or opinion
of the trial court; and (4) portions of the record essential to an
understanding of the issues raised, including oral or written rulings or
decisions showing the trial court's reasoning regarding those issues.

I further certify that if the record is required by law
to be confidential, the portions of the record included in the appendix are
reproduced using first names and last initials instead of full names of
persons, specifically including juveniles and parents of juveniles, with a
notation that the portions of the record have been so reproduced to preserve
confidentiality and with appropriate references to the record.

Signed: _____

Signature

Comment

As the number of appeals has increased, the Court of
Appeals' reliance on appendices during the decision-making process has
increased.The Court of Appeals
requests that Wis. Stat. § (Rule) 809.19 (2) (b) be created to require
that appellant's counsel certify compliance with Wis. Stat. § (Rule)
809.19 (2) (a) (as renumbered by this order), that requires an appellant's
brief include an appendix and sets forth the contents of the appendix.The Court of Appeals believes that a
certification requirement, similar to the form and length certification
required by Wis. Stat. § (Rule) 809.19 (8) (d) will result in increased compliance
with renumbered Wis. Stat. § (Rule) 809.19 (2) (a) and improve the quality
of appendices that are filed with the court.

IT
IS ORDERED that notice of this renumbering of Wis. Stat. § (Rule) 809.19
(2) as 809.19 (2) (a) and creation of Wis. Stat. § (Rule) 809.19 (2) (b)
be given by a single publication of a copy of this order in the official state
newspaper and in an official publication of the State Bar of Wisconsin.

IT IS FURTHER ORDERED that the Comments to these rules
are not adopted but shall be printed for information purposes.